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bussss lane
qaz1
post Tue, 10 Jul 2018 - 13:50
Post #1


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got a PCN being in bus lane ticket last week in bristol, a couple of questions come up:

i am a Canadian citizen and spend little time driving here. the bus lane layout was quite confusing and while trying make sense i ended up on top of the road markings [painted on road] that announced it was a bus lane.

can anyone suggest what would chances be of successfully appealing bus lane ticket on those grounds

also,i understand there are 2 appeal levels, if appeals fail must i pay FULL amount [no discount]
that

any advice appreciated

This post has been edited by qaz1: Sun, 15 Jul 2018 - 16:57
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post Tue, 10 Jul 2018 - 13:50
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cp8759
post Fri, 13 Jul 2018 - 19:40
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Forget about this emergency vehicle nonsense, it would just damage your credibility. Also forget about the discount, you will undoubtedly have to take this to the Traffic Penalty Tribunal as the council won't accept their PCN is wrong (Because they'd be admitting all their PCNs are wrong). As PASTMYBEST says, the surcharge is a virtually certain winner at the tribunal, as this has gone to the High Court before the adjudicator doesn't have any discretion to "interpret" the law in a different way.

You could just copy/paste what I wrote in post 18, just adjusting the grammar to account for the fact that it's going to be addressed to the council. To be honest as the council are bound to reject it, it hardly matters. When you get the council's Notice of Rejection, upload it on here and we'll draft more detailed grounds of appeal for the tribunal.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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qaz1
post Sun, 15 Jul 2018 - 16:45
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ok...i will do as u both suggest, seems right, good advice, thanks

re the discount: i thought i read on councils site that it remained in place even if the rejected my appeal, [i dont trust their wording not to be tricky] althouigh like you i have faith that Traffic Penalty Tribunal only have one correct optiion in light of previous decision by court.

i looked at tjhat other post/page , wjhat aspect of it do you suggest as being interesting to me?, its not the same camera is it?

well im sure that somewhere sooner or later my poorly ajusted hearing aids and tinnitus will come together and make an emergency vehicle sound....its only a matter of time:), it was a bad idea.

thanks
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PASTMYBEST
post Sun, 15 Jul 2018 - 18:48
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QUOTE (qaz1 @ Sun, 15 Jul 2018 - 17:45) *
ok...i will do as u both suggest, seems right, good advice, thanks

re the discount: i thought i read on councils site that it remained in place even if the rejected my appeal, [i dont trust their wording not to be tricky] althouigh like you i have faith that Traffic Penalty Tribunal only have one correct optiion in light of previous decision by court.

i looked at tjhat other post/page , wjhat aspect of it do you suggest as being interesting to me?, its not the same camera is it?

well im sure that somewhere sooner or later my poorly ajusted hearing aids and tinnitus will come together and make an emergency vehicle sound....its only a matter of time:), it was a bad idea.

thanks


The other case was exactly the same spot, and with a well drafted representation the council buried their head in the sand and did not respond, nor continue to chase that PCN.

Post a draft of your reps here for review before you send anything to the council and we will help make it strong
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qaz1
post Tue, 17 Jul 2018 - 15:36
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ah...well i sent it today, thought i was asked to post a copy of the councils reply , which i will do. do u srtill want to see copy of it?.
will take another look at rthat thread.

i simply did aas suggested here and copies in the legal discourse after adjusting it to be in the correct context. with a short preliminary para to say :

Dear Sir or Madam,

"I wish to appeal and challenge the validity of the PCN, the following information explains why:

The PCN tells me that i can pay by calling 0870 7077776, and if i do so you will charge me a 2p per minute service charge. This makes the whole PCN invalid, because the amount demanded exceeds the amount due in the circumstances of the case.
"

Then the legal discourse

thanks

This post has been edited by qaz1: Wed, 18 Jul 2018 - 16:12
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cp8759
post Yesterday, 17:42
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To be honest that should do, penalty exceeds is a sure winner. Post the rejection when you get it, any we can always raise further arguments at the tribunal stage.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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